Page:Letters of Junius, volume 2 (Woodfall, 1772).djvu/349

Rh " de Mahem, &c. ideo ne fuit lesse a bailie, nient plus que in appell de robbery ou murder; quod nota, et que in robbery et murder le partie n'est baillable.—Bro. Mainprise. 67.

" intendment of the law in bails is, quod stat indifferenter whether he be guilty or no; but when he is convicted by verdict or confession, then he must be deemed in law to be guilty of the felony, and therefore not bailable at all."—Coke. 2. Inst. 188. 4. 178.

" is quando stat indifferenter, and not when the offence is open and manifest."—2 Inst. 189.

" this case non stat indifferenter whether he be guilty or no, being taken with the Maner, that is, with the thing stolen, as it were, in his hand." Do, Do.

" it appeareth that this imprisonment be just and lawful, he shall be remanded to the former gaoler; but if it shall appear to the court that he was imprisoned against